WEIGHTS AND MEASURES CODE

SEA-MC tit. 7, ch. 7.04

in effect

Seattle Mun. Code § 7.04.005 Title—Citation

7.04.005 - Title—Citation This Chapter 7.04 shall be known and designated as the "Weights and Measures Code," may be cited as such, and is referred to herein as "this code." (Ord. 126768, § 1, 2023 [style update]; Ord. 98820, § 1, 1970.)

Seattle Mun. Code § 7.04.010 Definitions

7.04.010 - Definitions For the purposes of this code: "Electronic price scanning system" means one or more electronic computational devices that determine the price of a product using the Universal Product Codes (UPCs or "bar codes," e.g. price scanning devices), or Price Look-up (PLU) Codes. "Person" means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, business trust, corporation, association, society, or any group of individuals acting as unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise. (Ord. 126768, § 1, 2023; Ord. 98820, parts of §§ 2—4, 1970.)

Seattle Mun. Code § 7.04.100 Systems and standards generally

7.04.100 - Systems and standards generally A. The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of these systems shall be used for all commercial purposes in the City. The definitions of basic units of weight and measure and weights and measures equivalents, as published by the National Institute of Standards and Technology or any successor organization are recognized and shall govern weighing and measuring instruments or devices used in commercial activities and other transactions involving weights and measures in the City. B. In addition to the official City standards provided for in Section 7.04.105, there shall be supplied by the City field standards and equipment as necessary to carry out the provisions of this code. The field standards shall be verified upon their receipt and at least once every two years, pursuant to RCW 19.94.216, by direct comparison with the official state standards. (Ord. 126768, § 1, 2023 [7.04.100.B renumbered from 7.04.110]; Ord. 98870, §§ 5, 7, 1970.)

Seattle Mun. Code § 7.04.105 Standards adopted

7.04.105 - Standards adopted Except as otherwise modified in this code, the City adopts the following national standards: National standard for: | Contained in the: A. The specifications, tolerances, and other technical requirements for the design, manufacture, installation, performance test, and use of weighing and measuring equipment | 2020 Edition of NIST Handbook 44 - Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices B. The procedures for checking the accuracy of the net contents of packaged goods | 2020 Edition of NIST Handbook 133 - Checking the Net Contents of Packaged Goods C. The requirements for packaging and labeling, method of sale of commodities, national type evaluation, examination procedures for price verification, and engine fuels, petroleum products and automotive lubricants | 2020 Edition of NIST Handbook 130 - Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality. Specifically: 1. Weights and measures requirements for all food and nonfood commodities in package form | Uniform Packaging and Labeling Regulation as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2020 Edition. 2. Weights and measures requirements for the method of sale of food and nonfood commodities | Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2020 Edition. 3. Weights and measures requirements for price verification | Examination Procedure for Price Verification as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2020 Edition. 4. Definitions; standard fuel specifications; classification and method of sale of petroleum products; retail storage tanks and dispenser filters; condemned product; product registration; and test methods and reproducibility limits | Uniform Engine Fuels and Automotive Lubricants Regulation as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2020 Edition. 5. Weights and measures requirements for national type evaluation | Uniform Regulation for National Type Evaluation as adopted by the National Conference on Weights and Measures and published inNIST Handbook 130, 2020 Edition. (Ord. 126768, § 1, 2023.)

Seattle Mun. Code § 7.04.115 Modifications to NIST Handbook 130

7.04.115 - Modifications to NIST Handbook 130 A. The City adopts the following modifications to the listed sections of the Uniform Regulation for the Method of Sale of Commodities requirements published in NIST Handbook 130, identified in subsection 7.04.105.C.2: Modified section | Modification Section 2.20.1. Method of Retail Sale | Modify the existing text in section 2.20.1 with the following: "Type of Oxygenate must be Disclosed. (a) All automotive gasoline or automotive gasoline-oxygenate blends kept, offered, or exposed for sale, or sold at retail containing at least 1.5 mass percent oxygen shall be identified as "with" or "containing" (or similar wording) the predominant oxygenate in the engine fuel. The oxygenate contributing the largest mass percent oxygen to the blend shall be considered the predominant oxygenate. Where mixtures of only ethers are present, the retailer may post the predominant oxygenate followed by the phrase "or other ethers." In addition, gasoline-methanol blend fuels containing more than 0.15 mass percent oxygen from methanol shall be identified as "with" or "containing" methanol. (b) Methanol at one percent or greater, by volume, in gasoline for use as motor vehicle fuel must be labeled with the maximum percentage of methanol contained in the motor vehicle fuel. (c) Gasoline-ethanol blend fuels containing not more than ten percent ethanol by volume, must be labeled "Contains up to 10% Ethanol." (d) This information shall be posted on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 mm (1/2 in.) in height, 1.5 mm (1/16 in.) stroke (width of type)." Section 2.23.2. Animal Bedding | Modify the existing text to add: "2.23.2. Sawdust, Barkdust, Decorative Wood Particles, and Similar Products. As used in this subsection, "unit" means a standard volume equal to 200 cubic feet. When advertised, offered for sale, or sold within Washington state, quantity representations for sawdust, barkdust, decorative wood particles, and similar loose bulk materials must be in cubic measures or units and fractions thereof." Section 2.30.2. Labeling Requirements | Modify the existing text to add: Ethanol flex fuel identification and labeling must be done in accordance with 16 C.F.R. Part 306. Section 2.31.2. Labeling of Retail Dispensers | Modify the existing text to add the following: "2.31.2.5. Labeling of Retail Dispensers Containing Not More Than 5% Biodiesel. (a) Each retail dispenser of biodiesel or biodiesel blend containing not more than five percent biodiesel must be labeled "May contain up to 5% Biodiesel." (b) This information shall be posted on the upper 50% of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 mm (1/2 in.) in height, 1.5 mm (1/16 in.) stroke (width of type)." Modify the existing text to add the following: "2.31.2.6. Labeling of Retail Dispensers Containing More Than 5% Biodiesel. (a) Each retail dispenser of biodiesel or biodiesel blend containing more than five percent biodiesel must be labeled with the capital letter B followed by the numerical value representing the volume percentage of biodiesel fuel and ending with either "biodiesel" or "biodiesel blend" (examples: B100 Biodiesel; B60 Biodiesel Blend). (b) This information shall be posted on the upper 50% of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 mm (1/2 in.) in height, 1.5 mm (1/16 in.) stroke (width of type)." Section 2.31.4. Exemption | Modify the existing text to delete section 2.31.4. B. The City adopts the following modifications to the listed sections of the Uniform Engine Fuels and Automotive Lubricants Regulation requirements published in NIST Handbook 130, identified in subsection 7.04.105.C.4: Modified section | Modification Section 2.1.2. Gasoline-Ethanol Blends | Replace the existing text in section 2.1.2 with the following: "When gasoline is blended with 1 to 10 volume percent ethanol, the ethanol shall meet the requirements of ASTM D4806 and either: (a) The base gasoline used for blending with ethanol shall meet the requirements of ASTM D4814; except that the base gasoline shall meet the minimum temperature for a Vapor-Liquid Ratio of 20 for the applicable vapor lock protection class as follows: (1) Class 1 shall be 60°C (140°F) (2) Class 2 shall be 56°C (133°F) (3) Class 3 shall be 51°C (124°F) (4) Class 4 shall be 47°C (116°F) (5) Class 5 shall be 41°C (105°F) or (b) The blend shall meet the requirements of ASTM D4814." Modify the existing text to add the following: "2.1.2.1. Maximum Vapor Pressure. The maximum vapor pressure of a gasoline-ethanol blend shall not exceed ASTM D4814 limits by more than 1.0 psi for: (a) Only 9 to 10 volume percent ethanol blends from June 1 through September 15. (b) All blends of 1 to 10 volume percent ethanol from September 16 through May 31." Section 3.2.4. Method of Retail Sale | Modify the existing text in section 3.2.4 with the following: "Type of Oxygenate must be Disclosed. (a) All automotive gasoline or automotive gasoline-oxygenate blends kept, offered, or exposed for sale, or sold at retail containing at least 1.5 mass percent oxygen shall be identified as "with" or "containing" (or similar wording) the predominant oxygenate in the engine fuel. The oxygenate contributing the largest mass percent oxygen to the blend shall be considered the predominant oxygenate. Where mixtures of only ethers are present, the retailer may post the predominant oxygenate followed by the phrase "or other ethers." In addition, gasoline-methanol blend fuels containing more than 0.15 mass percent oxygen from methanol shall be identified as "with" or "containing" methanol. (b) Methanol at one percent or greater, by volume, in gasoline for use as motor vehicle fuel must be labeled with the maximum percentage of methanol contained in the motor vehicle fuel. (c) Gasoline-ethanol blend fuels containing not more than ten percent, by volume, must be labeled "Contains up to 10% Ethanol." (d) This information shall be posted on the upper 50% of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 mm (1/2 in.) in height, 1.5 mm (1/16 in.) stroke (width of type)." Section 3.8.2. Labeling Requirements | Modify the existing text to add: Ethanol flex fuel identification and labeling shall be in accordance with 16 C.F.R. Part 306. Section 3.9.2. Retail Dispenser Labeling | Modify the existing text in section 3.9.2 to add: "(c) Each retail dispenser of fuel methanol shall be labeled by the capital letter M followed by the numerical value maximum volume percent and ending with the word "Methanol." (Example: M85 Methanol.) This information shall be posted on the upper 50% of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 mm (1/2 in.) in height, 1.5 mm (1/16 in.) stroke (width of type)." Section 3.15.2. Labeling of Retail Dispensers | Modify the existing text in subsection 3.15.2 to add: "3.15.2.4. Labeling of Retail Dispensers Containing Not More Than 5% Biodiesel. Each retail dispenser of biodiesel blend containing not more than five percent biodiesel must be labeled "May contain up to 5% Biodiesel."" Modify the existing text in subsection 3.15.2 to add: "3.15.2.5. Labeling of Retail Dispensers Containing More Than 5% Biodiesel. Each retail dispenser of biodiesel or biodiesel blend containing more than five percent biodiesel must be labeled with the capital letter B followed by the numerical value representing the volume percentage of biodiesel fuel and ending with either "Biodiesel" or "Biodiesel blend" (examples: B100 Biodiesel; B60 Biodiesel blend)." Modify the existing text in subsection 3.15.2 to add: "3.15.2.6. Placement of label. Labels shall be posted on the upper 50% of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 mm (1/2 in.) in height, 1.5 mm (1/16 in.) stroke (width of type)." Section 3.15.4. Exemption | Delete section 3.15.4. C. The City adopts the following modifications to the listed sections of the Uniform Regulation for National Type Evaluation requirements published in NIST Handbook 130, identified in subsection 7.04.105.C.5: Modified section | Modification Section 2.3. Director | Modify the existing text in section 2.3 with the following: "Director - Means the director of the Department of Finance and Administrative Services." Section 4. Prohibited Acts and Exemptions | Modify the existing text in subsection (c) with the following: "A device in service in this state prior to July 5, 1997, that meets the specifications, tolerances, and other technical requirements of the National Institute of Standards and Technology Handbook 44 shall not be required to be traceable to an active CC." Modify the existing text in subsection (d) with the following: "A device in service in this state prior to July 5, 1997, removed from service by the owner or on which the department has issued a removal order after July 5, 1997, and returned to service at a later date shall be modified to meet all specifications, tolerances, and other technical requirements of the National Institute of Standards and Technology Handbook 44 effective on the date of the return to service. Such a device shall not be required to be traceable to an active CC." Modify the existing text in subsection (e) with the following: "A device in service in this state prior to July 5, 1997, which is repaired after such date shall meet the specifications, tolerances, and other technical requirements of the National Institute of Standards and Technology Handbook 44 and shall not be required to be traceable to an active CC." Modify the existing text in subsection (f) with the following: "A device in service in this state prior to July 5, 1997, that is still in use may be installed at another location in this state provided the device meets requirements in effect as of the date of installation in the new location; however, the device shall not be required to be traceable to an active CC." Modify the existing text in subsection (g) with the following: "A device in service in another state prior to July 5, 1997, may be installed in this state; however, the device shall meet the specifications, tolerances, and other technical requirements for weighing and measuring devices in the National Institute of Standards and Technology Handbook 44 and be traceable to an active CC." Section 5. Participating Laboratory and Agreements | Modify the existing text to delete section 5. Section 6. Revocation of Conflicting Regulations | Modify the existing text to delete section 6. Section 7. Effective Date | Modify the existing text to delete section 7. (Ord. 126768, § 1, 2023.)

Seattle Mun. Code § 7.04.130 City Sealer

7.04.130 - City Sealer There shall be a City Sealer of Weights and Measures, referred to in this Code as the City Sealer. The Director of Finance and Administrative Services ("Director") shall be the City Sealer. There shall be such other necessary inspectors (serving as deputy sealers within the meaning of RCW 19.94.010) and technical and clerical personnel, as the City Council may from time to time authorize, who shall be appointed by the Director subject to civil service laws and regulations. (Ord. 126768, § 1, 2023; Ord. 123361, § 229, 2010 [department head name change]; Ord. 122845, § 2, 2008 [department name correction]; Ord. 120794, § 185, 2002 [department head name change]; Ord. 120181, § 109, 2000; Ord. 118397, § 94, 1996; Ord. 117169, § 119, 1994 [department head name change]; Ord. 102635, § 1, 1973; Ord. 98820, § 8, 1970.)

Seattle Mun. Code § 7.04.135 Powers and duties

7.04.135 - Powers and duties The City Sealer shall have the custody of the City standards of weight and measure and of the other standards and equipment provided for by this code and shall keep accurate records of the same. The City Sealer, as well as Deputy Sealers when under the instructions and at the direction of the City Sealer, shall enforce the provisions of this code and of chapter 19.94 RCW as contemplated by RCW 19.94.190. The City Sealer shall have and keep a general supervision over the weights and measures offered for sale, sold, or in use in the City. The City Sealer may establish rules and regulations consistent with this code for enforcing and carrying out its provisions. (Ord. 126768, § 1, 2023; Ord. 98820, § 9, 1970.)

Seattle Mun. Code § 7.04.145 General testing

7.04.145 - General testing A. When not otherwise provided by law, the City Sealer shall have the power to inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale. It shall be the duty of the City Sealer to inspect and test, to ascertain if they are correct, all weights and measures commercially used as often as necessary to secure compliance with this code. This shall include but not be limited to commercial use: (1) in determining the weight, measurement, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight or of measure, (2) in computing the basic charge or payment for services rendered on the basis of weight or measure, or (3) in determining weight or measurement when a charge is made for such determination; provided, that with respect to single-service devices, that is, devices designed to be used commercially only once and to be then discarded, and with respect to devices uniformly mass-produced, as by means of a mold or die, and not susceptible of individual adjustment, the inspection and testing of each individual device shall not be required and the inspecting and testing requirements of this Section 7.04.145 will be satisfied when inspections and tests are made on representative sample lots of such devices; and the larger lots of which such sample lots are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on such sample lots. B. The City Sealer shall have the power to inspect and test, to ascertain if they are correct, all electronic price scanning systems, as often as necessary to secure compliance with this code. (Ord. 126768, § 1, 2023; Ord. 122845, § 3, 2008; Ord. 120976, § 2, 2002; Ord. 98820, § 11, 1970.)

Seattle Mun. Code § 7.04.175 Rejection—Seizure for use as evidence—Entry of premises—Search warrant

7.04.175 - Rejection—Seizure for use as evidence—Entry of premises—Search warrant A. With respect to the enforcement of chapter 19.94 RCW or the rules adopted under the provisions of chapter 19.94 RCW, or this code, and any other law dealing with weights and measures that the City Sealer is, or may be empowered to enforce, the City Sealer may reject or seize for use as evidence incorrect weighing or measuring instruments or devices or packages of commodities to be used, retained, offered, exposed for sale, or sold in violation of the law. B. In the performance of official duties conferred under chapter 19.94 RCW or the rules adopted under the provisions of chapter 19.94 RCW, or this code, the City Sealer is authorized at reasonable times during the normal business hours of the person using a weighing or measuring instrument or device to enter into or upon any structure or premises where such weighing or measuring instrument or device is used or kept for commercial purposes. If the City Sealer is denied access to any premises or establishment where such access was sought for the purposes set forth in chapter 19.94 RCW or the rules adopted under the provisions of chapter 19.94 RCW, or this code, the City Sealer may apply to any court of competent jurisdiction for a search warrant authorizing access to such premises or establishment for such purposes. The court may, upon such application, issue the search warrant for the purposes requested. (Ord. 126768, § 1, 2023; Ord. 122845, § 4, 2008; Ord. 120976, § 3, 2002; Ord. 98820, § 17, 1970.)

Seattle Mun. Code § 7.04.180 Powers and duties of inspectors

7.04.180 - Powers and duties of inspectors The powers and duties given by law to the City Sealer are given to inspectors also, when acting under the instructions and at the direction of the City Sealer. (Ord. 126768, § 1, 2023; Ord. 98820, § 18, 1970.)

Seattle Mun. Code § 7.04.645 Registration—Fees

7.04.645 - Registration—Fees A. Except as provided in subsection 7.04.645.F, no weighing or measuring instrument or device, or electronic price scanning system, may be used for commercial purposes in the City unless its commercial use is registered annually with the Department of Finance and Administrative Services. B. The annual registration with the Department of Finance and Administrative Services for weighing or measuring instruments or devices is accomplished as part of the State of Washington master license system under chapter 19.02 RCW. Payment of an annual registration fee for a weighing or measuring instrument or device under the State of Washington master license system constitutes the registration required by this Section 7.04.645. The annual registration with the Department of Finance and Administrative Services for electronic price scanning systems is accomplished as part of the annual business license requirement under Chapter 6.208. Payment of the registration fee with the annual business license application or renewal constitutes the registration required by this Section 7.04.645. C. The following annual City registration fees must be paid for each weighing or measuring instrument or device used for commercial purposes in The City of Seattle: 1. Weighing devices: a. Small scales (0 to 400 pounds capacity): $16. b. Intermediate scales (Over 400 pounds to 5,000 pounds capacity): $60. c. Large scales (Over 5,000 pounds capacity): $120. d. Railroad track scales: $1200. 2. Liquid fuel metering devices: a. Motor fuel meters with flows of 20 gallons or less per minute: $16. b. Motor fuel meters with flows of more than 20 but not more than 150 gallons per minute: $50. c. Motor fuel meters with flows over 150 gallons per minute: $75. 3. Liquid petroleum gas meters: a. With 1-inch diameter or smaller dispensers: $40. b. With greater than 1-inch diameter dispensers: $80. 4. Fabric meters: $15. 5. Cordage meters: $15. 6. Mass flow meters: $300. 7. Taxi meters: $40. D. The following annual City registration fees must be paid for each electronic price scanning system used for commercial purposes in The City of Seattle: 1. Electronic price scanning systems with three or fewer electronic pricing devices: $158. 2. Electronic price scanning systems with more than three electronic price scanning devices: $315. E. The fees established in subsection 7.04.645.C for registering a weighing or measuring instrument or device shall be paid to the State of Washington Department of Licensing concurrently with a master application or with the annual renewal of a master license under chapter 19.02 RCW. The fees established for electronic pricing systems in subsection 7.04.645.D shall be paid with The City of Seattle annual business license application or renewal. F. A weighing or measuring instrument or device, or electronic price scanning system, shall be initially registered with the Department of Finance and Administrative Services as follows: A weighing or measuring device is initially registered through the State of Washington Department of Licensing at the time the owner applies for a master license for a new business or at the first renewal of the license that occurs after the instrument or device is first placed into commercial use. An electronic price scanning system is initially registered through the Department of Finance and Administrative Services when the owner applies for an initial business license or the first renewal of the business license after the instrument or device is first placed into commercial use. G. The State of Washington Department of Licensing shall remit to The City of Seattle, through the State of Washington Department of Agriculture, all fees collected under this Section 7.04.645 less reasonable collection expenses. H. With the exception of Section 7.04.650, no person shall be required to pay more than the fee adopted under this Section 7.04.645 for any weighing or measuring instrument or device, or electronic price scanning system, in one year. (Ord. 126768, § 1, 2023; Ord. 125449, § 9, 2017; Ord. 124963, § 10, 2015; Ord. 123361, § 231, 2010 [department head name change and style update]; Ord. 122845, § 5, 2008; Ord. 122163, §§ 1, 2, 2006; Ord. 120976, § 4, 2002; Ord. 120181, § 110, 2000 [department head name change]; Ord. 118397, § 95, 1996 [department head name change]; Ord. 117917, § 3, 1995.)

Seattle Mun. Code § 7.04.650 Request for service

7.04.650 - Request for service A. "Special inspection service," as used in this code, means all inspection service made on the owner's request. Special inspection service fees are additional to the fees required under the annual registration. Special inspection service fees are to be paid directly to the Department of Finance and Administrative Services. B. The fee for special inspection service shall be $60 per hour of inspector time with a one hour minimum. All inspections will result in an invoice to the owner for each hour of inspection per inspector. The invoice shall reflect time spent per inspector, to include preparation and travel time to the site with any time spent past an hour billed to the next quarter hour. Example: If two inspectors took one hour and 20 minutes to complete an inspection, the invoice would total $180 (two inspectors at 1.5 hours each). (Ord. 126768, § 1, 2023; Ord. 123361, § 232, 2010 [department name change and style update]; Ord. 120181, § 111, 2000 [department name change]; Ord. 118397, § 96, 1996 [department name change]; Ord. 117917, § 4, 1995; Ord. 116368, § 200, 1992 [department head name change]; Ord. 108196, § 3, 1979; Ord. 98820, § 36, 1970.)

Seattle Mun. Code § 7.04.690 Violations

7.04.690 - Violations A. RCW 19.94.190(1) states that "duly appointed city sealers must enforce the provisions of" chapter 19.94 RCW. However, because Seattle also inspects electronic price scanning systems, and because Seattle has its own citation process in Section 7.04.691 to address violations, subsections of this Section 7.04.690 restate and modify certain sections of chapter 19.94 RCW as they are applied and enforced in Seattle. B. Modified RCW 19.94.325(3). A service agent shall not use any weight or measure standard that does not have a valid, official seal of approval from the director, as defined in RCW 19.94.010, to install, inspect, adjust, repair, or recondition any weighing or measuring instrument or device. Any service agent who violates this subsection 7.04.690.B is subject to a civil penalty up to $1,000 per occurrence. C. RCW 19.94.390(1). Whenever any commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half the height and one-half the width of the numerals representing the whole cents. D. Modified RCW 19.94.490. Any person who hinders or obstructs in any way the City Sealer in the performance of official duties under chapter 19.94 RCW or the rules adopted under the provisions of chapter 19.94 RCW, or this code is subject to a civil penalty up to $5,000. E. Modified RCW 19.94.500. Any person who impersonates in any way the City Sealer by using an official seal of approval without specific authorization to do so or by using a counterfeit seal of approval, or in any other manner, is subject to a civil penalty up to $5,000 per occurrence. F. Modified RCW 19.94.510(2). Any person who individually, by an agent or employee, or as the agent or employee of another person, performs any one of the acts in this subsection 7.04.690.F is subject to a civil penalty up to $5,000 per occurrence: 1. Use or have in possession for the purpose of using for any commercial purpose a weighing or measuring instrument or device or electronic price scanning system that is intentionally calculated to falsify any weight, measure, count, or price of any commodity, or to sell, offer, expose for sale, or hire or have in possession for the purpose of selling or hiring an incorrect weighing or measuring instrument or device or electronic price scanning system, or any weighing or measuring instrument or device or electronic price scanning system calculated to falsify any weight, measure, count, or price. 2. Knowingly use or have in possession for current use in the buying or selling of any commodity or thing, for hire or award, or in the computation of any basic charge or payment for services rendered on the basis of weight, measurement, or count, in the determination of weight, measurement, or count, when a charge is made for such determination, any incorrect weighing or measuring instrument or device. 3. Dispose of any rejected weighing or measuring instrument or device in a manner contrary to law or rule. 4. Remove from any weighing or measuring instrument or device or electronic price scanning system, contrary to law or rule, any tag, seal, stamp, or mark placed thereon by the director, as defined in RCW 19.94.010, or City Sealer. 5. Sell, offer, or expose for sale less than the quantity the person represents of any commodity, thing, or service. 6. Take more than the quantity the person represents of any commodity, thing, or service known to be in a condition or manner contrary to law or rule. 7. Keep for the purpose of sale, advertise, offer, or expose for sale or sell any commodity, thing, or service known to be in a condition or manner contrary to law or rule. 8. Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weighing or measuring instrument or device or electronic price scanning system that is not so positioned that its indications may be accurately read and the weighing or measuring operation observable from some position which may reasonably be assumed by a customer. 9. Knowingly approve or issue an official seal of approval for any weighing or measuring instrument or device known to be incorrect. 10. Find a weighing or measuring instrument or device to be correct under RCW 19.94.255 when the person knows the instrument or device is incorrect. 11. Fails to disclose to the City Sealer any knowledge of information relating to, or observation of, any device or instrument added to or modifying any weighing or measuring instrument or device or electronic price scanning system for the purpose of selling, offering, or exposing for sale, less than the quantity represented of a commodity or calculated to falsify weight or measure, if the person is a service agent. 12. Violate any other provision of chapter 19.94 RCW or the rules adopted under the provisions of chapter 19.94 RCW, or this code, for which a specific penalty has not been described. G. Modified RCW 19.94.510(3). Any person who, individually, by an agent or employee, or as the agent or employee of another person, violates RCW 19.94.390 as determined by the examination procedure adopted by or under RCW 19.94.390(2) is subject to a civil penalty of up to $2,000 per occurrence. H. Modified RCW 19.94.510(4)(b). Any person who, individually, by an agent or employee, or as the agent or employee or another person, commits as a fourth or subsequent violation any of the acts listed in subsections 7.04.690.F or 7.04.690.G is subject to a civil penalty up to $10,000 per violation per occurrence. A violation will count toward the total in this subsection 7.04.690.H whether the enforcement was taken by Washington State, Seattle, or another jurisdiction in Washington. I. Modified RCW 19.94.510(4)(a). Any person who, individually, by an agent or employee, or as the agent or employee or another person, knowingly adds to or modifies any weighing or measuring instrument or device or electronic price scanning system by the addition of a device or instrument that would allow the sale, or the offering of exposure for sale, of less than the quantity represented of a commodity or falsification of weight or measure is subject to a civil penalty of up to $10,000 per violation per occurrence. J. Modified RCW 19.94.515. A person who owns or uses a weighing or measuring instrument or device or electronic price scanning system and uses or permits the use of the instrument for commercial purposes in violation of RCW 19.94.015 is subject to a civil penalty of $100 for each such instrument or device used or permitted to be used in violation of RCW 19.94.015. K. Modified RCW 19.94.517 1. Whenever the City Sealer tests or inspects a weighing or measuring instrument or device and finds the instrument or device to be incorrect to the economic benefit of the owner/operator of the weighing or measuring instrument or device and to the economic detriment of the customer, the owner is subject to the following civil penalties: Penalties in dollars for device deviations outside the tolerances stated in Handbook 44, as adopted and modified by Section 7.04.105 Category of weighing or measuring instrument or device | First violation | Second or subsequent violation within one year of first violation Small | 200 | 500 Medium | 400 | 1,000 Large | 500 | 2,000 A violation will count toward the total in this subsection 7.04.690.K whether the enforcement was taken by Washington State, Seattle, or another jurisdiction in Washington. 2. For the purposes of this subsection 7.04.690.K, the categories of weighing or measuring instruments or devices are: a. Small: Scales of 0-400 pounds capacity, liquid fuel metering devices with flows of not more than 20 gallons per minute, liquid petroleum gas meters with dispensers of 1 inch diameter or smaller, fabric meters, cordage meters, and taxi meters. b. Medium: Scales of 401-5,000 pounds capacity, liquid fuel metering devices with flows of more than 20 but not more than 150 gallons per minute, and mass flow meters. c. Large: Liquid petroleum gas meters with greater than 1 inch diameter dispensers, liquid fuel metering devices with flows over 150 gallons per minute, and scales of more than 5,000 pounds capacity and scales of more than 5,000 pounds capacity with supplemental devices. (Ord. 126768, § 1, 2023 [replaced entire text]; Ord. 122845, § 6, 2008; Ord. 120976, § 5, 2002; Ord. 98820, § 40, 1970.)

Seattle Mun. Code § 7.04.691 Citation process

7.04.691 - Citation process If after investigation the Director determines that any of the provisions listed in chapter 19.94 RCW or the rules adopted under the provisions of chapter 19.94 RCW, or this code, have been violated, the Director may issue a civil citation to the person responsible for the violation. A. Citation. The civil citation shall include the following information: (1) the name and address of the person to whom the citation is issued; (2) a separate statement of each provision violated; (3) the date of the violation; (4) a statement that the person cited must respond to the civil citation within 15 calendar days after service; (5) a space for entry of the applicable penalty; (6) a statement that a response must be sent to the Hearing Examiner and received not later than 5 p.m. on the day the response is due; (7) contact information for the Hearing Examiner where the citation is to be filed; (8) a statement that the citation represents a determination that a violation has been committed by the person named in the citation and that the determination shall be final unless contested as provided in this code; and (9) a certified statement of the Director's representative issuing the citation, authorized by RCW 5.50.050, setting forth facts supporting issuance of the citation. B. Service. The citation shall be served by first-class mail, addressed to the operator or other person responsible for the violation. Service shall be deemed complete three days after the mailing. If a citation sent by first-class mail is returned as undeliverable, service may be made by posting the citation at a conspicuous place on the property where the violation occurred and service shall be complete on the date of posting. The citation may also be served in person. C. Response to citations 1. A person cited must respond to a citation in one of the following ways: a. Paying the amount of the monetary penalty specified in the citation, in which case the record shall show a finding that the person cited committed the violation; or b. Requesting in writing a mitigation hearing to explain the circumstances surrounding the commission of the violation and providing an address to which notice of such hearing may be sent; or c. Requesting in writing a contested hearing specifying the reason why the cited violation did not occur or why the person cited is not responsible for the violation, and providing an address to which notice of such hearing may be sent. 2. A response to a citation must be received by the Office of the Hearing Examiner no later than 15 calendar days after the date the citation is served. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the period shall run until 5 p.m. on the next business day. 3. Failure to respond. If a person fails to respond to a citation within 15 calendar days of service, an order shall be entered by the Hearing Examiner finding that the person cited committed the violation stated in the citation and assessing the penalty specified in the citation. D. Hearings 1. Mitigation hearings a. Date and notice. If a mitigation hearing is requested, the mitigation hearing shall be held within 30 calendar days after written response to the citation requesting such hearing is received by the Hearing Examiner. Notice of the time, place, and date of the hearing shall be sent to the address specified in the request for hearing not less than ten calendar days prior to the date of the hearing. b. Procedure at hearing. The Hearing Examiner shall hold an informal hearing that shall not be governed by the Rules of Evidence. The person cited may present witnesses, but witnesses may not be compelled to attend. A representative from the Department may also be present and may present additional information, but attendance by a representative from the Department is not required. c. Disposition. The Hearing Examiner shall determine whether the cited person's explanation justifies reduction of the monetary penalty; however, the monetary penalty may not be reduced unless the Department of Finance and Administrative Services affirms or certifies that the violation has been corrected prior to the mitigation hearing. Factors that may be considered in whether to reduce the penalty include whether the violation was caused by the act, neglect, or abuse of another; or whether correction of the violation was commenced prior to the issuance of the citation but that full compliance was prevented by a condition or circumstance beyond the control of the person cited. d. Entry of order. After hearing the explanation of the person cited and any other information presented at the hearing, the Hearing Examiner shall enter an order finding that the person cited committed the violation and assessing a monetary penalty in an amount determined pursuant to subsection 7.04.691.E. The Hearing Examiner's decision is the final decision of the City on the matter. 2. Contested hearings a. Date and notice. If a person requests a contested hearing, the hearing shall be held within 60 calendar days after the written response to the citation requesting such hearing is received. b. Hearing. Contested hearings shall be conducted pursuant to the procedures for hearing contested cases contained in Section 3.02.090 and the rules adopted by the Hearing Examiner for hearing contested cases, except as modified by this Section 7.04.691. The issues heard at the hearing shall be limited to those that are raised in writing in the response to the citation and that are within the jurisdiction of the Hearing Examiner. The Hearing Examiner may issue subpoenas for the attendance of witnesses and the production of documents. c. Sufficiency. No citation shall be deemed insufficient for failure to contain a detailed statement of the facts constituting the specific violation which the person cited is alleged to have committed or by reason of defects or imperfections, provided such lack of detail, or defects or imperfections, do not prejudice substantial rights of the person cited. d. Amendment of citation. A citation may be amended prior to the conclusion of the hearing to conform to the evidence presented if substantial rights of the person cited are not thereby prejudiced. e. Evidence at hearing. The certified statement or declaration authorized by RCW 5.50.050 shall be prima facie evidence that a violation occurred and that the person cited is responsible. The certified statement or declaration authorized under RCW 5.50.050 and any other evidence accompanying the report shall be admissible without further evidentiary foundation. Any certifications or declarations authorized under RCW 5.50.050 shall also be admissible without further evidentiary foundation. The person cited may rebut the Department of Finance and Administrative Services' evidence and establish that the cited violation(s) did not occur or that the person contesting the citation is not responsible for the violation. f. Disposition. If the citation is sustained at the hearing, the Hearing Examiner shall enter an order finding that the person cited committed the violation and impose the applicable penalty pursuant to subsection 7.04.691.E. The Hearing Examiner may reduce the monetary penalty in accordance with the mitigation provisions in subsection 7.04.691.D.1.c. If the Hearing Examiner determines that the violation did not occur, the Hearing Examiner shall enter an order dismissing the citation. g. Final decision. The Hearing Examiner's decision is the final decision of the City. 3. Failure to appear for hearing. Failure to appear for a requested hearing will result in an order being entered finding that the person cited committed the violation stated in the citation and assessing the penalty specified in the citation. For good cause shown and upon terms the Hearing Examiner deems just, the Hearing Examiner may set aside an order entered upon a failure to appear and schedule a new contested hearing date. E. Citation penalty assessments 1. In assessing the amount of a civil penalty, the Director must give due consideration to the gravity of the violation and history of previous violations. 2. A person found by the Director to have violated one of the provisions listed in chapter 19.94 RCW or the rules adopted under the provisions of chapter 19.94 RCW, or this code shall be subject to a civil penalty as described in Section 7.04.690. The Director may, in an exercise of discretion, issue a warning to the person responsible for the violation if that person has not been previously warned or cited by The City of Seattle for violating chapter 19.94 RCW or the rules adopted under the provisions of chapter 19.94 RCW, or this code. 3. Collection of penalties. If the person cited fails to pay a penalty imposed pursuant to this Section 7.04.691, the penalty may be referred to a collection agency. The cost to the City for the collection services will be assessed as costs, at the rate agreed to between the City and the collection agency, and added to the penalty. Alternatively, the City may pursue collection in any other manner allowed by law. 4. Each day a separate violation. Each day a person violates or fails to comply with one of the provisions listed in chapter 19.94 RCW or the rules adopted under the provisions of chapter 19.94 RCW, or this code, may be considered a separate violation for which a civil citation may be issued. (Ord. 126768, § 1, 2023.)

Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT7COPR_CH7.04WEMECOFetched: 11/1/2026